THIRD SECTION
DECISION
Application no. 25180/16
António José GOMES DA SILVA
against Portugal
(see appended table)
The European Court of Human Rights (Third Section), sitting on 14 November 2019 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 26 April 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr A.A. da Cruz Tinoco, a lawyer practising in Porto.
The applicant’s complaints under Article 2 of the Convention concerning an alleged medical negligence resulting in his father’s death were communicated to the Portuguese Government (“the Government”).
The Court received the friendly-settlement declaration under which the applicant agreed to waive any further claims against Portugal in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 5 December 2019.
Liv TigerstedtDmitry Dedov
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 2 of the Convention
(Medical negligence)
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
(in euros)[i]
Amount awarded for costs and expenses
(in euros)[ii]
25180/16
26/04/2016
António José Gomes da Silva
16/05/1961
Augusto Abílio Da Cruz Tinoco
Porto
13/09/2019
19/06/2019
32,500
2,500
[i]. Plus any tax that may be chargeable to the applicant.
[ii]. Plus any tax that may be chargeable to the applicant.
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